(5) And shall add the fifth part more thereto.--The first thing the offender must do, when he realises and confesses his guilt, is to make restitution of the property which he had embezzled, if he still has it, or if that be impossible, he is to pay the value of it as estimated by the authorised tribunal. Besides this, the offender is to add a fifth part of the principal, to compensate for the loss which the owner sustained during the interval. It will be seen that in Exodus 22:1-9, when a person was guilty of any of the offences here specified, the offender was condemned to make a four fold restitution, whilst in the passage before us the mulct is reduced to the restitution of the principal with the addition of a fifth part. The reason of this difference is that the law in Exodus deals with a culprit who is convicted of his crime in a court of justice by means of witnesses, whilst the law before us deals with an offender who, through compunction of mind, voluntarily confesses his offence, and to whom, without this voluntary confession, the offence could not be brought home. It is this difference which constitutes it a case for a trespass offering. (Comp. Numbers 5:7.)
In the day of his trespass offering.--Better, on the day of his guilt. That is, as soon as he acknowledges his guilt, and brings the sacrifice for his offence, he is to make the requisite restitution.
Verse 5. - In the day of his trespass offering is a better rendering than that of the margin, "in the day of his being found guilty," or" in the day of his trespass." The reparation is to take place, and immediately afterwards the offering is accepted.
6:1-7 Though all the instances relate to our neighbour, yet it is called a trespass against the Lord. Though the person injured be mean, and even despicable, yet the injury reflects upon that God who has made the command of loving our neighbour next to that of loving himself. Human laws make a difference as to punishments; but all methods of doing wrong to others, are alike violations of the Divine law, even keeping what is found, when the owner can be discovered. Frauds are generally accompanied with lies, often with false oaths. If the offender would escape the vengeance of God, he must make ample restitution, according to his power, and seek forgiveness by faith in that one Offering which taketh away the sin of the world. The trespasses here mentioned, still are trespasses against the law of Christ, which insists as much upon justice and truth, as the law of nature, or the law of Moses.
Or all that about which he hath sworn falsely,.... In all and each of the above cases, in which he had committed a trespass and denied it, and to the denial adds a false oath, and yet after all acknowledges it:
he shall even restore it in the principal; whatsoever he has embezzled, or cheated another of, or detained from the right owner, the whole of that was to be restored:
and shall add the fifth part more thereto; to the principal, see Leviticus 5:16 but Maimonides (l) says, this was an instruction to add a fifth to a fifth; and Aben Ezra takes the word to be plural, and observes, that the least of many is two, and so two fifths were to be added to the principal, but the first sense seems best:
and give it unto him to whom appertaineth; as, to his neighbour, who had deposited anything in his hands; or his partner, he had any ways wronged; or whomsoever he had defrauded in any respect; or the proprietor of lost goods; Ben Gersom observes, it was not to be given to his son, nor to his messenger: in the case of taking anything away by violence, though but the value of a farthing, it is said, that he shall be obliged to bring it after him (from whom he has taken it) even unto Media (should he be there); he shall not give it to his son, nor to his messenger, but he may give it to the messenger of the sanhedrim; and if he dies, he must return it to his heirs (m):
in the day of his trespass offering; when he brings that, but restoration must first be made: the Targum of Jonathan renders it, in the day he repents of his sin: and so Aben Ezra interprets it,"in the day he returns from his trespass;''when he owns and confesses it, is sorry for it, and determines to do so no more. Maimonides observes (n), that one that takes away anything by violence (which is one of the cases supposed) is not fined so much as a thief; he only restores the principal; for the fifth part is for his false oath; the reasons of which are, because robbery is not so frequently, and is more easily committed, and is more open, and against which persons may guard and make resistance, and the robber is more known than a thief who steals secretly; see Exodus 22:1.
(l) In Misn. Trumot, c. 6. sect. 1.((m) Misnah Bava Kama, c. 9. sect. 6. (n) Ut supra, (l)) c. 41.
In the day of his trespass offering.--Better, on the day of his guilt. That is, as soon as he acknowledges his guilt, and brings the sacrifice for his offence, he is to make the requisite restitution.
CHAPTER 6:8-30
he shall even restore it in the principal; whatsoever he has embezzled, or cheated another of, or detained from the right owner, the whole of that was to be restored:
and shall add the fifth part more thereto; to the principal, see Leviticus 5:16 but Maimonides (l) says, this was an instruction to add a fifth to a fifth; and Aben Ezra takes the word to be plural, and observes, that the least of many is two, and so two fifths were to be added to the principal, but the first sense seems best:
and give it unto him to whom appertaineth; as, to his neighbour, who had deposited anything in his hands; or his partner, he had any ways wronged; or whomsoever he had defrauded in any respect; or the proprietor of lost goods; Ben Gersom observes, it was not to be given to his son, nor to his messenger: in the case of taking anything away by violence, though but the value of a farthing, it is said, that he shall be obliged to bring it after him (from whom he has taken it) even unto Media (should he be there); he shall not give it to his son, nor to his messenger, but he may give it to the messenger of the sanhedrim; and if he dies, he must return it to his heirs (m):
in the day of his trespass offering; when he brings that, but restoration must first be made: the Targum of Jonathan renders it, in the day he repents of his sin: and so Aben Ezra interprets it,"in the day he returns from his trespass;''when he owns and confesses it, is sorry for it, and determines to do so no more. Maimonides observes (n), that one that takes away anything by violence (which is one of the cases supposed) is not fined so much as a thief; he only restores the principal; for the fifth part is for his false oath; the reasons of which are, because robbery is not so frequently, and is more easily committed, and is more open, and against which persons may guard and make resistance, and the robber is more known than a thief who steals secretly; see Exodus 22:1.
(l) In Misn. Trumot, c. 6. sect. 1.((m) Misnah Bava Kama, c. 9. sect. 6. (n) Ut supra, (l)) c. 41.